SHANTI UDYOG Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned Counsel appearing for the petitioner and learned Counsel appearing for the Respondents. Through this writ application the petitioner has prayed for quashing of the order as contained in memo No. 62 dated 14.3.2007 (Annexure 4) whereby licence granted to the petitioner for running a factory in the name and style as Shanti Udyog situated at Markora, Mugma, Dhanbad has been cancelled.

(2.) LEARNED Counsel appearing for the petitioner submits that licence of the petitioner for running the. said factory has been cancelled without giving any opportunity of hearing and as such, on this ground alone, the order of cancellation of licence of the petitioner's factory is fit to be set aside and that apart, the impugned order is tainted with mala fide as the same has been passed on the recommendation of the Minister of Labour, Employment and Training and, therefore, the impugned order is fit to be set aside.

(3.) IT appears that when the case was taken up on 27.11.2008, the case was adjourned for today (4.12.2008) at the instance of learned Counsel appearing for the State for filing counter affidavit. However, while adjourning the case, it was made clear that if no counter affidavit Is filed, the matter would be decided on the basis of material available on record. In spite of that no counter affidavit has been filed and under this situation both the parties were heard.